[Ord. 1161, 8-17-1994]
It is the purpose and intent of this chapter to regulate sexually oriented businesses to promote the health, safety, and general welfare of the citizens of the city and to establish reasonable and uniform regulations to prevent any deleterious effects of sexually oriented businesses within the city. The provisions of this chapter have neither the purpose nor effect of imposing a limitation or restriction on the content of any communicative materials, including sexually oriented materials. Similarly, it is not the intent nor effect of this chapter to restrict or deny access by adults to sexually oriented materials protected by the First Amendment, or to deny access by the distributors and exhibitors of sexually oriented entertainment to their intended market. Neither is it the intent or effect of this chapter to in any way condone or legitimize the distribution of obscene material or material harmful to minors.
[Ord. 1161, 8-17-1994]
For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
EMPLOYEE
A person who works or performs in and/or for a sexually oriented business, regardless of whether or not said person is paid a salary, wage or other compensation by the operator of said business.
ESTABLISHMENT
Any of the following:
(1) 
The opening or commencement of any such business as a new business;
(2) 
The conversion of an existing business, whether or not a sexually oriented business, to any of the sexually oriented businesses defined in this chapter;
(3) 
The addition of any of the sexually oriented businesses defined in this chapter to any other existing sexually oriented business; or
(4) 
The relocation of any such sexually oriented business; or
(5) 
The substantial enlargement of any such sexually oriented business.
NUDITY or STATE OF NUDITY
(1) 
The appearance or display of human bare buttock, anus, male genitals, female genitals, or the areola or nipple of the female breast; or
(2) 
A state of dress which fails to opaquely and fully cover a human buttocks, anus, male or female genitals, pubic region or areola or nipple of the female breast.
OPERATOR
The owner, permit holder, custodian, manager, operator or person in charge of any permitted or licensed premises.
PERMITTED OR LICENSED PREMISES
Any premises that requires a license and/or permit and that is classified as a sexually oriented business.
PERMITTEE and/or LICENSEE
A person in whose name a permit and/or license to operate a sexually oriented business has been issued, as well as the individual listed as an applicant on the application for a permit and/or license.
PERSON
An individual, proprietorship, partnership, corporation, association, or other legal entity.
PUBLIC BUILDING
Any building owned, leased or held by the United States, the state, the county, the city, any special district, school district, or any other agency or political subdivision of the state or the United States.
PUBLIC PARK or RECREATION AREA
Public land which has been designated for park or recreational activities including but not limited to a park, playground, nature trails, swimming pool, reservoir, athletic field, basketball or tennis courts, open space, wilderness areas, or similar public land within the city which is under the control, operation, or management of the city park and recreation authorities.
RELIGIOUS INSTITUTION
Any church, synagogue, mosque, temple or building which is used primarily for religious worship and related religious activities.
RESIDENTIAL DISTRICT
An area zoned for single family homes, duplexes, townhomes, multiple family residences, mobilehome parks or subdivisions, and recreational vehicle parks, as defined in the Indio City Zoning Ordinance.
SCHOOL
Any public or private educational facility including but not limited to child day care facilities, nursery schools, preschools, kindergartens, elementary schools, primary schools, intermediate schools, junior high schools, middle schools, high schools, vocational schools, secondary schools, continuation schools, special education schools, junior colleges, and universities. School includes the school grounds, but does not include the facilities used primarily for another purpose and only incidentally as a school.
SEMI-NUDE
A state of dress in which clothing covers no more than the genitals, pubic region, and areolae of the female breast, as well as portions of the body covered by supporting straps or devices.
SEXUALLY ORIENTED BUSINESS
An adult arcade, adult bookstore, adult novelty shop, adult video store, adult cabaret, adult motel, adult motion picture theatre, adult theatre, massage parlor, sexual encounter establishment, escort agency or nude model studio.
SEXUALLY ORIENTED BUSINESSES
Those businesses defined as follows:
(1) 
ADULT ARCADE
An establishment where, for any form of consideration, one or more still or motion picture projectors, slide projectors, or similar machines, or other image producing machines, for viewing by five or fewer persons each, are regularly available or used to show films, motion pictures, video cassettes, slides, or other photographic reproductions which are characterized by the depiction or description of "specified sexual activities" or "specified anatomical areas."
(2) 
ADULT BOOKSTORE, ADULT NOVELTY STORE or ADULT VIDEO STORE
Means a commercial establishment which (1) has as a significant or substantial portion of its stock-in-trade or (2) derives a significant or substantial portion of its revenues or (3) devotes a significant or substantial portion of its interior floor or display space or (4) devotes a significant or substantial portion of its business activities or employees' time, or advertising, to the sale, rental or viewing for any form of consideration, of any one or more of the following:
(a) 
Books, magazines, periodicals or other printed matter, or photographs, films, motion pictures, video cassettes, slides, or other visual representations which are characterized by the depiction or description of "specified sexual activities" or "specified anatomical areas";
(b) 
Instruments, devices, or paraphernalia which are designed for use in connection with "specified sexual activities."
(c) 
An establishment may have other significant or substantial business purposes that do not involve the offering for sale rental or viewing of materials, depicting or describing "specified sexual activities" or "specified anatomical areas," and still be categorized as adult bookstore, adult novelty store, or adult video store. Such other business purposes will not serve to exempt such establishments from being categorized as an adult bookstore, adult novelty store or adult video store so long as one of its significant or substantial business purposes is offering for sale or rental, for some form of consideration, the specified materials which depict or describe "specified anatomical areas" or "specified sexual activities."
(3) 
ADULT CABARET
A nightclub, bar, restaurant “bottle shop,” or similar commercial establishment, whether or not alcoholic beverages are served, which features: (a) persons who appear nude or in a state of nudity or semi-nude; (b) live performances which are characterized by the exposure of "specified anatomical areas" or by "specified sexual activities," or (c) films, motion pictures, video cassettes, slides, or other photographic reproductions which are characterized by the depiction or description of "specified sexual activities" or "specified anatomical areas."
(4) 
ADULT MOTEL
A motel, hotel or similar commercial establishment which: (a) offers public accommodations, for any form of consideration, and which regularly provides or makes available to patrons with closed-circuit television transmissions, films, motion pictures, video cassettes, slides or other photographic reproductions which are characterized by the depiction or description of "specified sexual activities" or "specified anatomical areas" and which advertises the availability of this sexually oriented type of material by means of a sign visible from the public right-of-way, or by means of any off-premises advertising including but not limited to, newspapers, magazines, pamphlets or leaflets, radio or television, or (b) offers a sleeping room for rent for a period of time less than ten hours; or (c) allows a tenant or occupant to rent or sub-rent the sleeping room for a time period of less than ten hours.
(5) 
ADULT MOTION PICTURE THEATER
A commercial establishment where films, motion pictures, video cassettes, slides or similar photographic reproductions depicting or describing "specified sexual activities" or "specified anatomical areas" are regularly shown for any form of consideration.
(6) 
ADULT THEATRE
A theater, concert hall, auditorium, or similar commercial establishment which, for any form or consideration, regularly features persons who appear in a state of nudity or live performances which are characterized by exposure of "specified anatomical areas" or by "specified sexual activities."
(7) 
ESCORT
A person who, for any form of consideration, agrees or offers to act as a companion, guide, or date for another person, for sexual purpose, or who agrees or offers to privately model lingerie or to privately perform a striptease for another person.
(8) 
ESCORT AGENCY
A person or business association who furnishes, offers to furnish, or advertises to furnish escorts as one of its primary business purposes for a fee, tip, or other consideration.
(9) 
MASSAGE PARLOR
Any place where, for any form of consideration or gratuity, massage, alcohol rub, administration of fomentations, electric or magnetic treatments, or any other treatment manipulation of the human body which occur as a part of or in connection with "specified sexual activities," or where any person providing such treatment, manipulation, or service related thereto, exposes "specified anatomical areas." The definition of sexually oriented businesses shall not include the practice of massage in any licensed hospital, nor by a licensed hospital, nor by a licensed physician, surgeon, chiropractor or osteopath, nor by any nurse or technician working under the supervision of a licensed physician, surgeon, chiropractor or osteopath, nor by trainers for any amateur, semiprofessional or professional athlete or athletic team or school athletic program.
(10) 
SEMI-NUDE MODEL STUDIO
Any place where a person, who appears in a state of semi-nudity or displays "specified anatomical areas" is provided for money or any form of consideration to be observed, sketched, drawn, painted, sculptured, photographed, or similarly depicted by other persons. The definition of "sexually oriented businesses" shall not include an establishment where a medical practitioner, psychologist, psychiatrist, or similar professional person licensed by the state engages in medically approved and recognized sexual therapy.
(11) 
SEXUAL ENCOUNTER ESTABLISHMENT
A business or commercial establishment, that as one of its important business purposes, offers for any form of consideration, a place where two or more persons may congregate, associate, or consort for the purpose of "specified sexual activities" or the exposure of "specified anatomical areas" or activities when one or more of the persons is in a state of nudity or semi-nude.
(12) 
SIGNIFICANT OR SUBSTANTIAL PORTION
A percentage of its activities, space allocation, revenues, advertising targeting, stock in trade, floor or display space, business receipts, revenues, or other business undertakings as to indicate to a reasonable person that the sexually oriented portion of the business is one of its important activities, though not necessarily its only or even primary activity; for this purpose, evidence that 33% or more of its revenues are derived from such sexually oriented activities or materials, or that 33% or more of its interior floor space or display space is devoted to such sexually oriented activities or materials, or that 33% or more of its actual stock in trade regularly displayed and immediately available for use, rental, purchase, viewing or perusal is comprised of such sexually oriented materials, all as defined in the divisions (a) and (b) of division (2) of this definition, shall be evidence that a "significant or substantial portion" of the business is devoted to such uses.
SPECIFIED ANATOMICAL AREAS
Any of the following:
(1) 
Less than completely and opaquely covered human genitals, pubic region, buttocks, anus, or female breasts below a point immediately above the top of the areolae; or
(2) 
Human male genitals in a discernibly turgid state, even if completely and opaquely covered.
SPECIFIED CRIMINAL ACTS
Acts which are sexual crimes against children, sexual abuse, rape or crimes connected with another sexually oriented business included but not limited to distribution of obscenity or material harmful to minors, prostitution or pandering.
SPECIFIED SEXUAL ACTIVITIES
Any of the following:
(1) 
The fondling or other intentional touching of human genitals for purpose of sexual arousal, or fondling or other intentional touching of human genitals, pubic region, anus, or female breasts;
(2) 
Sex acts, normal or perverted, actual or simulated, including intercourse, oral copulation, or sodomy;
(3) 
Masturbation, actual or simulated; or
(4) 
Human genitals in a state of sexual stimulation, arousal or tumescence;
(5) 
Excretory functions as part of or in connection with any of the activities set forth in divisions (1) through (4) of this definition.
SUBSTANTIAL ENLARGEMENT OF A SEXUALLY ORIENTED BUSINESS
An increase in the floor areas occupied by the business by more than 15%, as the floor areas existed on August 17, 1994.
TRANSFER OF OWNERSHIP OR CONTROL OF A SEXUALLY ORIENTED BUSINESS
Any of the following:
(1) 
The sale, lease or sublease of the business;
(2) 
The transfer of securities which constitute a controlling interest in the business, whether by sale, exchange or similar means;
(3) 
The establishment of a trust, gift or other similar legal devise which transfers ownership or control of the business, except for transfer by bequest or other operation of law upon the death of a person possessing the ownership of control.
[Ord. 1161, 8-17-1994]
(A) 
No sexually oriented business shall be permitted to operate without a valid sexually oriented business permit issued by the city for the particular type of business. It shall be unlawful and a person commits a misdemeanor if he/she operates or causes to be operated a sexually oriented business without said permit.
(B) 
It shall be unlawful and a person commits a misdemeanor if he/she transfers, or attempts to transfer, ownership or control of a sexually oriented business without the transferee first having filed and obtained approval of a license hereunder.
(C) 
(1) 
The city's designee is responsible for granting, denying, revoking, renewing, suspending, and canceling sexually oriented business permits for proposed or existing sexually oriented businesses. The city or designee is also responsible for ascertaining whether a proposed sexually oriented business for which a permit is being applied for complies with all locational requirements of § 120.17. All applicable zoning laws and/or regulations now in effect or as amended or enacted subsequent to August 17, 1994.
(2) 
The city's designee is responsible for inspecting a proposed, permitted or non-permitted sexually oriented business in order to ascertain whether it is in compliance with applicable statutes and ordinances.
(D) 
An application for a permit must be made on a form provided by the city. Any person desiring to operate a sexually oriented business shall file with the city an original and two copies of a sworn permit application on the standard application form supplied by the city or designee.
(E) 
The completed application shall contain the following information and shall be accompanied by the following documents:
(1) 
If the applicant is:
(a) 
An individual, the individual shall state his/her legal name and any aliases and submit satisfactory proof that he/she is 18 years of age;
(b) 
A partnership, the partnership shall state its complete name, and the names of all partners, whether the partnership is general or limited, and a copy of the partnership agreement, if any;
(c) 
A corporation. The corporation shall state its complete name, the date of its incorporation, evidence that the corporation is in good standing under the laws of California, the names and capacity of all officers, directors and principal stockholders, and the name of the registered corporate agent and the address of the registered office for service of process.
(2) 
If the applicant intends to operate the sexually oriented business under a name other than that of the applicant; he must state (1) the sexually oriented business's fictitious name and (2) submit the required California registration documents.
(3) 
Whether the applicant or any of the other individuals listed pursuant to division (E) has, within the two or five year period as specified in § 120.05(C)(1)(j) immediately preceding the date of the application, been convicted of a specified criminal act, and, if so, the specified criminal act involved, the date of conviction and the place of conviction.
(4) 
Whether the applicant or any of the other individuals listed pursuant to division (E) has had a previous permit under this chapter or other similar sexually oriented business ordinances from this city or another city or county denied, suspended or revoked, including the name and location of the sexually oriented business for which the permit was denied, suspended or revoked, as well as the date of the denial, suspension or revocation, and whether the applicant or any other individuals listed pursuant to division (E) has been a partner in a partnership or an officer, director or principal stockholder of a corporation that is permitted under this chapter whose permit has previously been denied, suspended or revoked, including the name and location of the sexually oriented business for which the permit was denied, suspended or revoked as well as the date of denial, suspension or revocation.
(5) 
Whether the applicant or any other individual listed pursuant to division (E) holds or has any legal interest in any other permits and/or licenses under this chapter or other similar sexually oriented business ordinance from another city or county and, if so, the names and locations of such other permitted businesses.
(6) 
The single classification of permit for which the applicant is filing.
(7) 
The location of the proposed sexually oriented business, including a legal description of the property, street address, and telephone number(s), if any.
(8) 
The applicant's mailing addresses and residential address.
(9) 
A recent photograph of the applicant.
(10) 
The applicant's driver's permit number, Social Security number, and or his/her state or federally issued tax identification number.
(11) 
A sketch or diagram showing the configuration of the premises, including a statement of total floor space occupied by the business. The sketch or diagram need not be professionally prepared, but it must be drawn to a designated scale or drawn with marked dimensions of the interior of the premises to an accuracy of plus or minus six inches.
(12) 
A current certificate and straight-line drawing prepared within 30 days prior to application by a California registered land surveyor depicting the property lines and the structures containing any established existing uses regulated by this chapter within 500 feet of the property to be certified; the property lines of any established religious institution/synagogue, school, or public park or recreation area or public building within 1,000 feet of the property to be certified; the property lines of any business involving an on-premises sale of liquor or alcoholic beverages within 250 feet of the property to be certified; the property lines of any residentially zoned area or residential property within 1,000 feet of the property to be certified; and the property lines of any area zoned other than a residential zone or IP (Industrial Park) zone within 250 feet of the property to be certified. For purposes of this section, a use shall be considered existing or established if it is in existence at the time an application is submitted.
(13) 
If a person who wishes to operate a sexually oriented business is an individual, he/she must sign the application for a permit as applicant. If a person who wishes to operate a sexually oriented business is other than an individual, each individual who has a 10% or greater interest in the business must sign the application for a permit as applicant. If a corporation is listed as owner of a sexually oriented business or as the entity which wishes to operate such a business, each individual having a 10% or greater interest in the corporation must sign the application for a permit as applicant.
(14) 
If a person wishes to operate a sexually oriented business which shall exhibit on the premises films, video cassettes, or other video reproductions-which depict specified sexual activities or specified anatomical areas, then said person shall comply with the application requirements stated in § 120.13.
(F) 
Applicants for a permit under this section shall have a continuing duty to promptly supplement application information required by this section in the event that said information changes in any way from what is stated on the application. The failure to comply with said continuing duty within 30 days from the date of such change, by supplementing the application on file with the city's designee, shall be grounds for suspension of a permit.
(G) 
Notwithstanding the “receipt” or “filing” of an application pursuant to § 120.04, in the event that the city or its designee determines or learns at any time that the applicant has improperly completed the application for a proposed sexually oriented business, he/she shall promptly notify the applicant of such fact and allow the applicant ten days to properly complete the application. (The time period for granting or denying a permit shall be stayed during the period in which the applicant is allowed an opportunity to properly complete the application.)
(H) 
The applicant must be qualified according to the provisions of this chapter and the premises must be inspected and found to be in compliance with health, fire and building codes and laws.
(I) 
The applicant shall be required to pay a non-refundable application fee of $100 at the time of filing an application under this section.
(J) 
Prior to obtaining any permit or license occupational license to operate any business defined in this chapter, and as part of any application for a permit under this section, the applicant shall obtain from the city or its designee a certification that the proposed location of such business complies with the locational requirements of § 120.17.
(K) 
The fact that a person possesses other types of state or city permits and/or licenses does not exempt him/her from the requirement of obtaining a sexually oriented business permit.
(L) 
By applying for a permit under this chapter, the applicant shall be deemed to have consented to the provisions of this chapter and to the exercise by the city or its designee, the Chief of Police's office and all other city agencies charged with enforcing the laws, ordinances and codes applicable in the city of their respective responsibilities under this chapter.
[Ord. 1161, 8-17-1994]
(A) 
Upon receipt of an application properly filed with the city and upon payment of the non-refundable application fee, the city or its designee, shall immediately stamp the application as received subject to the provisions of § 120.03(G). The person receiving the application shall immediately thereafter send photocopies of the application to the Chief of Police's Office and any other city agencies responsible for enforcement of health, fire and building codes and laws. Each department or agency shall promptly conduct an investigation of the applicant, application and the proposed sexually oriented business in accordance with its responsibilities under law and as set forth in this chapter. The investigation shall be completed within 20 days of receipt of the application by the city or its designee. At the conclusion of its investigation, each department or agency shall indicate on the photocopy of the application its approval or disapproval of the application, date it, sign it, and, in the event it disapproves, state the reasons therefor. The Chief of Police's Office shall only be required to check local and state summary criminal history information, including NCIC, and certify whether disqualifying criminal history has been discovered. The Chief of Police's Office shall not be required to approve or disapprove applications. For this purpose, the Chief of Police is specifically authorized by the City Council pursuant to Cal. Penal Code §§ 11105 and 13300 to obtain such information as relates to disqualifying criminal convictions for licensing purposes, as specified in § 120.05(C)(1)(j) and to disclose so much of the information obtained to the city's designee as directly relates to such disqualifying criminal history, for such appropriate action as is required based upon such specified criminal conduct applicable to the subject applicant. No information shall be relayed relating to a criminal arrest not resulting in conviction, or to a criminal arrest for which pretrial or post-trial diversion has been ordered.
(B) 
A department or agency shall disapprove an application if it finds that the proposed sexually oriented business will be in violation of any provision of any statute, code, ordinance, regulation or other law in effect in the city. After its indication of approval or disapproval, each department or agency shall immediately return the photocopy of the application to the city or its designee.
[Ord. 1161, 8-17-1994]
(A) 
The city or its designee shall grant or deny an application for a permit within 30 days from the date of its proper filing. Upon the expiration of the 30 days, unless the applicant requests and is granted a reasonable extension of time, the applicant shall be permitted to begin operating the business for which the permit is sought, unless and until the city or its designee, notifies the applicant of a denial of the application and states the reason(s) for that denial.
(B) 
Grant of application for permit.
(1) 
The city or its designee shall grant the application unless one or more of the criteria set forth in division (C) below is present.
(2) 
The permit, if granted, shall state on its face the name of the person or persons to whom it is granted, the expiration date, and the address of the sexually oriented business. The permit shall also indicate that the sexually oriented business whether permitted or not may be subject to prohibitions against public nudity and indecency pursuant to applicable California statutes. The permit shall be posted in a conspicuous place at or near the entrance to the sexually oriented business so that it can be easily read at any time.
(C) 
Denial of application for permit.
(1) 
The city or its designee shall deny the application for any of the following reasons:
(a) 
An applicant is under 18 years of age.
(b) 
An applicant or an applicant's spouse is overdue on his/her payment to the city of taxes, fees, fines, or penalties assessed against him/her or imposed upon him/her in relation to a sexually oriented business.
(c) 
An applicant is residing with a person who has been denied a permit by the city to operate a sexually oriented business within the preceding 12 months, or residing with a person whose permit to operate a sexually oriented business has been revoked within the preceding 12 months.
(d) 
An applicant has failed to provide information required by this section or permit application for the issuance of the permit or has falsely answered a question or request for information on the application form.
(e) 
The premises to be used for the sexually oriented business have not been approved as being in compliance with health, fire and building codes by the department or agency responsible under law for investigating said compliance.
(f) 
The application or permit fees required by this chapter have not been paid.
(g) 
An applicant of the proposed business is in violation of, or is not in compliance with, any of the provisions of this chapter including but not limited to the locational requirements for a sexually oriented business under § 120.17.
(h) 
The granting of the application would violate a statute, ordinance, or court order.
(i) 
The applicant has a permit under this chapter which has been suspended or revoked.
(j) 
An applicant has been convicted of a “specified criminal” act for which:
1. 
Less than two years have elapsed since the date of conviction or the date of release from confinement, whichever is the later date, if the conviction is of a misdemeanor offense for the “specified criminal” acts which are sexual crimes against children, sexual abuse, rape or crimes connected with another sexually oriented business including but not limited to distribution of obscenity, “harmful to minors” violations, prostitution, pandering, or tax violations;
2. 
Less than five years have elapsed since the date of conviction or the date of release from confinement, whichever is the later date, if the conviction is of a felony offense; for the “specified criminal” acts which are crimes against children, sexual abuse, rape or crimes connected with another sexually oriented business including but not limited to distribution of obscenity, “harmful to minors” violations, prostitution, pandering, or tax violations;
3. 
Less than five years have elapsed since the date of conviction or the date of release from confinement, whichever is the later date, if the convictions are of two or more misdemeanor for the, “specified criminal” acts which are sexual crimes against children, sexual abuse, rape or crimes connected with another sexually oriented business including but not limited to distribution of obscenity, harmful to minors violations, prostitution, pandering or tax violations; offenses occurring within any 24 month period;
4. 
The fact that a conviction is being appealed shall have no effect on disqualification of the applicant;
5. 
An applicant who has been convicted of the above described “specified criminal acts” may qualify for a sexually oriented business permit only when the time period required above in this section has elapsed.
(2) 
If the city or its designee, denies the application, he/she shall notify the applicant of the denial and state the reason(s) for the denial.
(3) 
If a person applies for a permit for a particular location within a period of 12 months from the date of denial of a previous application for a permit at the location, and there has not been an intervening change in the circumstances which could reasonably be expected to lead to a different decision regarding the former reasons for denial, the application shall be denied.
[Ord. 1161, 8-17-1994]
The annual fee for a sexually oriented business permit is $850, to partially offset the costs of monitoring and policing the operations of the business entities involved. The City Council hereby determines that the actual cost of monitoring and policing each such business is at least that amount.
[Ord. 1161, 8-17-1994]
(A) 
An applicant or permittee shall permit representatives of the City Chief of Police's Offices, the County Health Department, and the Fire Department to inspect the premises of a sexually oriented business for the purpose of insuring compliance with the law, at any time it is occupied or open for business.
(B) 
It shall be unlawful and a person who operates a sexually oriented business, regardless of whether or not a permit has been issued for said business under this chapter, or his/her agent or employee commits a misdemeanor if he/she refuses to permit such lawful inspection of the premises at any time that it is occupied or open for business.
[Ord. 1161, 8-17-1994]
(A) 
Each permit shall expire one year from the date of issuance and may be renewed only by making application as provided in § 120.03 (for renewals, filing of original survey shall be sufficient) of this chapter. Application for renewal shall be made at least 30 days before the expiration date, and when made less than 30 days before the expiration date, the expiration of the permit will not be affected.
(B) 
When the city or its designee, denies renewal of the permit, the applicant shall not be issued a permit under this chapter for one year from the date of denial. If, subsequent to denial, the city or its designee, finds that the basis for denial of the renewal of the permit has been corrected, the applicant shall be granted a permit if at least 90 days have elapsed since the date denial became final.
[Ord. 1161, 8-17-1994]
(A) 
The city or its designee, shall suspend a permit for a period not to exceed 30 days if he/she determines that a permittee, or an employee of a permittee, has:
(1) 
Violated or is not in compliance with any section of this chapter; or
(2) 
Engaged in excessive use of alcoholic beverages while on the sexually oriented business premises; or
(3) 
Refused to allow an inspection of sexually oriented business premises as authorized by this chapter; or
(4) 
Knowingly permitted gambling by any person on the sexually oriented business premises; or
(5) 
Operated the sexually oriented business in violation of a building, fire, health, or zoning statute, code, ordinance or regulation, whether federal, state or local, said determination being based on investigation by the division, department or agency charged with enforcing said rules or laws. In the event of such statute, code, ordinance or regulation violation, the city or its designee, shall promptly notify the permittee of the violation and shall allow the permittee a seven day period in which to correct the violation. If the permittee fails to correct the violation before the expiration of the seven day period, the city or its designee, shall forthwith suspend the permit and shall notify the permittee of the suspension; or
(6) 
Engaged in permit transfer contrary to § 120.03(B). In the event that the city or its designee, suspends a permit on the ground that a permittee engaged in a permit transfer contrary to § 120.03(B), the city or its designee shall forthwith notify the permittee of the suspension. The suspension shall remain in effect until the applicable section of this chapter has been satisfied; or
(7) 
Operated the sexually oriented business in violation of the hours of operation in § 120.16.
(8) 
Been convicted of an act for which initial denial of a license would have been required pursuant to § 120.05(C)(1)(j).
(B) 
The suspension shall remain in effect until the violation of the statute, code, ordinance or regulation in question has been corrected.
[Ord. 1161, 8-17-1994]
(A) 
The city or its designee shall revoke a permit if a cause of suspension in § 120.09 occurs and the permit had been suspended within the preceding 12 months.
(B) 
The city or its designee, shall revoke a permit upon determining that:
(1) 
A permittee gave false or misleading information in the material submitted during the application process that tended to enhance the applicant's opportunity for obtaining a permit; or
(2) 
A permittee or an employee has knowingly allowed possession, use or sale of controlled substances on the premises; or
(3) 
A permittee or an employee has knowingly allowed prostitution on the premises; or
(4) 
A permittee or an employee knowingly operated the sexually oriented business during a period of time when the permittee's permit was suspended; or
(5) 
A permittee has been convicted of a “specified criminal act” for which the time period required in § 120.05(C)(1)(j) has not elapsed; or
(6) 
On two or more occasions within a 12 month period, a person or persons committed an offense, occurring in or on the permitted premises, constituting a specified criminal act for which a conviction has been obtained, and the person or persons were employees of the sexually oriented business at the time the offenses were committed. The fact that a conviction is being appealed shall have no effect on the revocation of the permit; or
(7) 
A permittee is delinquent in payment to the city or state for any taxes or fees past due; or
(8) 
A permittee or an employee has knowingly allowed any act of sexual intercourse, sodomy, oral copulation, masturbation, or any other specified sexual activities to occur in or on the permitted premises.
(9) 
Operating more than one sexually oriented business under a single roof.
(C) 
When the city or its designee, revokes a permit, the revocation shall continue for one year and the permittee shall not be issued a sexually oriented business permit for one year from the date revocation became effective. If, subsequent to revocation, the city or its designee finds that the basis for revocation under § 120.10(B) has been corrected, the applicant shall be granted a permit if at least 90 days have elapsed since the date revocation became effective. If the permit was revoked under § 120.10(B) of this chapter, an applicant may not be granted another permit until the number of years required under § 120.05(C) have elapsed.
[Ord. 1161, 8-17-1994]
After denial of an application, or denial of a renewal of an application, or suspension or revocation of a permit, the applicant or permittee may seek prompt judicial review of such administrative action through the City Council. Any denial to the City Council shall be heard within 30 day, unless a longer time therefor is consented to by the appellant. If the denial of the application is affirmed upon review, the administrative action is subject to prompt review by the Superior Court for the State of California, in and for the County of Riverside, Indio Branch, pursuant to Cal. Civ. Proc. Code § 1094.5 et seq.
[Ord. 1161, 8-17-1994]
(A) 
A permittee shall not operate sexually oriented business under the authority of a permit at any place other than the address designated in the application for permit.
(B) 
A permittee shall not transfer his/her permit to another person unless and until such other person satisfies the following requirements:
(1) 
Obtains an amendment to the permit from the city or its designee, which provides that he/she is now the permittee, which amendment may be obtained only if he/she has completed and properly filed an application with the city or its designee, setting forth the information called for under § 120.03 in the application; and
(2) 
Pays a transfer fee of 50% of the annual permit fee set by this chapter.
(C) 
No permit may be transferred during the pendency of administrative procedures following notice by the city or its designee to the permittee that suspension or revocation proceedings have been or will be brought against the permittee, until such proceedings have been completed, withdrawn or otherwise canceled.
(D) 
A permittee shall not transfer his permit to another location.
(E) 
Any attempt to transfer a permit either directly or indirectly in violation of this section is hereby declared void and the permit shall be considered abandoned and shall automatically revert to the city.
[Ord. 1161, 8-17-1994]
(A) 
A person who operates or causes to be operated a sexually oriented business, other than a sexually oriented motel/hotel and regardless of whether or not a permit has been issued to said business under this chapter, which exhibits on the premises in a viewing room of less than 150 square feet of floor space, a film, video cassette or other video reproduction which depicts specified sexual activities or specified anatomical areas, shall comply with the following requirements:
(1) 
Upon application for a sexually oriented business permit, the application shall be accompanied by a diagram of the premises showing a plan thereof specifying the location of one or more manager's stations, the location of all overhead lighting fixtures and designating any portion of the premises in which patrons will not be permitted. A manager's station may not exceed 32 square feet of floor area. The diagram shall also designate the place at which this permit will be conspicuously posted, if granted. A professionally prepared diagram in the nature of an engineer's or architect's blueprint shall not be required; however, each diagram should be oriented to the north or to some designated street or object and should be drawn to a designated scale with marked dimensions sufficient to show the various internal dimension of all areas of the interior of the premises to an accuracy of plus or minus six inches. The city or its designee, may waive the foregoing diagram for renewal applications if the applicant adopts a diagram that was previously submitted and certifies that the configuration of the premises has not been altered since it was prepared.
(2) 
The application shall be sworn to be true and correct by the applicant.
(3) 
No alteration in the configuration or location of a manager's station may be made without the prior approval of the city or its designee.
(4) 
It is the duty of the owners and operator of the premises to insure that at least one employee is on duty and situated at each manager's station at all times that any patron is present inside the premises.
(5) 
The interior of the premises shall be configured in such a manner that there is an unobstructed view from a manager's station of every area of the premises to which any patron is permitted access for any purpose, excluding restrooms. Restrooms may not contain video reproduction equipment. If the premises has two or more manager's stations designated, then the interior of the premises shall be configured in such a manner that there is an unobstructed view of each area of the premises to which any patron is permitted access for any purpose from at least one of the manager's stations. The view required in this subsection must be by direct line of sight from the manager's station.
(6) 
It shall be the duty of the owners and operator, and it shall also be the duty of any agents and employees present on the premises to insure that the view area specified in division (5) remains unobstructed by any doors, walls, merchandise, display racks or other materials at all times and to insure that no patron is permitted access to any area of the premises which has been designated as an area in which patrons will not be permitted in the application filed pursuant to division (1) of this section.
(7) 
No viewing room may be occupied by more than one person at any one time.
(8) 
The premises shall be equipped with overhead lighting fixtures of sufficient intensity to illuminate every place to which patrons are permitted access and an illumination of not less than 7.5 foot candle as measured at the floor level.
(9) 
It shall be the duty of the owners and operator and it shall also be the duty of any agents and employees present on the premises to insure that the illumination described above is maintained at all times that any patron is present on the premises.
(10) 
It shall be the duty of the owners and operator, and every person in charge of the business premises, and the duty of any agents and employees present on the premises, to maintain the walls or partitions between booths in good repair at all times, with no holes between any two booths such as would allow viewing from one booth into another or such as to allow physical contact of any kind between the occupants of any two such booths; provided, however, that if the configuration approved by the city or its designee permits an opening between the floor and the bottom portion of any such wall or partition, it shall be sufficient compliance if the entire wall or partition, as approved by the city, is maintained in good condition and repair, without holes or other openings in such wall or partition which would permit viewing or physical contact between occupants of adjacent booths.
(11) 
It shall be the duty of the owners and operator, and of every person in charge of the business premises, and the duty of any agents and employees, to prevent customers or visitors from loitering, standing idly by in the vicinity of any such video booths, or from remaining in the common area of such business, other than the restrooms, who are not then actively engaged in shopping for or viewing the products available on display for purchase or viewing; all much owners, operators, persons in charge, and their agents and employees shall have the duty to have posted and keep posted in prominent places in and near the video booths, signs prohibiting loitering, and shall be responsible for enforcement of such prohibitions.
(12) 
The owners, operator and every person in charge of the business premises shall be responsible for maintaining the floors, seats, walls and other interior portions of all video booths clean and free from waste and bodily secretions. Presence of human excrement, urine, semen or saliva in any such booth shall be evidence of improper maintenance and inadequate sanitary controls; repeated instances of such conditions may justify suspension or revocation of the owners' and operator's license to conduct the sexually oriented business.
(B) 
It shall be unlawful and a person having a duty under § 120.13(A) commits a misdemeanor if he/she knowingly fails to fulfill that duty.
[Ord. 1161, 8-17-1994]
It shall be unlawful and a person commits a misdemeanor if he/she operates or causes to be operated a sexually oriented business, regardless of whether or not a permit has been issued for said business under this chapter, and knowingly, or with reasonable cause to know, permits, suffers, or allows:
(A) 
Admittance of a person under 18 years of age to the business premises;
(B) 
A person under 18 years of age to remain at the business premises;
(C) 
A person under 18 years of age to purchase a goods or services at the business premises; or
(D) 
A person who is under 18 years of age to work at the business premises as an employee; or
(E) 
The interior of the premises to be visible to a minor, wherein any matter harmful to minors is displayed or visible, unless all such materials so visible to minors are covered by blinder racks or devices in front of the material, so that the lower two-thirds of all such material is not exposed to view; a privacy curtain at the entrance obscuring the view of minors from outside the premises shall be erected upon request of the Chief of Police, if the building design or structural layout does not otherwise protect curious minors from viewing such material. References to blinder racks shall be interpreted in accordance with Cal. Penal Code § 313.1(d).
[Ord. 1161, 8-17-1994]
(A) 
It shall be unlawful and a person commits a misdemeanor if he/she operates or causes to be operated sexually oriented business, regardless of whether or not a permit has been issued for said business under this chapter, and advertises the presentation of any activity prohibited by any applicable state statute or local ordinance.
(B) 
It shall be unlawful and a person commits a misdemeanor if he/she operates or causes to be operated sexually oriented business, regardless of whether or not a permit has been issued for said business under this chapter, and displays or otherwise exhibits the materials and/or performances at such sexually oriented business in any advertising. This prohibition shall not extend to advertising of the existence or location of such sexually oriented business. No window displays of sexually oriented material shall be permitted unless the material is covered by a blinder rack as specified in § 120.14(E).
(C) 
All off-street parking area and premise entries of the sexually oriented business shall be illuminated from dusk to closing hours of operation with a lighting system which provides an average maintained horizontal illumination of one foot candle of light on the parking surface and/or walkways. The required lighting level is established in order to provide sufficient illumination of the parking areas and walkways serving the sexually oriented business for the personal safety of patrons and employees and to reduce the incidence of vandalism and criminal conduct. The lighting shall be shown on the required sketch or diagram of the premises.
(D) 
Nothing contained in this chapter shall relieve the operator(s) of a sexually oriented business from complying with the requirements of the Zoning Ordinance of the city, as it may be amended from time to time, or any subsequently enacted city ordinances or regulations.
(E) 
No window display of sexually oriented material shall be permitted in any area where minors are likely to be present, as for instance, within 20 feet of a public sidewalk, or within 20 feet of a private walkway in a shopping area open to the general public.
[Ord. 1161, 8-17-1994]
(A) 
It shall be unlawful and a person commits a misdemeanor if he/she operates or causes to be operated a sexually oriented business, regardless of whether or not a permit has been issued for said business under this chapter, and allows such business to remain open for business, or to permit any employee to engage in a performance, solicit a performance, make a sale, solicit a sale, provide a service, or solicit a service, between the hours of 1:00 A.M. and 9:00 A.M. of any particular day.
(B) 
It shall be unlawful and a person commits a misdemeanor if, working as an employee of a sexually oriented business, regardless of whether or not a permit has been issued for said business under this chapter, the employee engages in a performance, solicits a performance, makes a sale, solicits a sale, provides a service, or solicits a service between the hours of 1:00 A.M. and 9:00 A.M. of any particular day.
[Ord. 1161, 8-17-1994]
(A) 
No person shall cause or permit the establishment of any sexually oriented business within:
(1) 
500 feet of another sexually oriented business; or
(2) 
1,000 feet of any religious institution, school, boys club, girls club, or similar existing youth organization, or public park or public building; or
(3) 
250 feet of any business involving an on-premises sale of liquor or alcoholic beverages; or
(4) 
1,000 feet of any property zoned for residential use or used for residential purposes; or
(5) 
250 feet of any zone other than the IP (Industrial Park) zone.
(B) 
Sexually oriented business shall be permitted only in the IP (Industrial Park) zone.
[Ord. 1161, 8-17-1994]
Distance between any two sexually oriented businesses shall be measured in a straight line, without regard to intervening structures, from the closest exterior structural wall of each business. The distance between any sexually oriented business and any religious institution, school, boys club, girls club, or similar existing youth organization, or public park or public building, or business engaged in sale of liquor or any properties zoned for residential use or used for residential purposes or any zone other than IP zone shall also be measured in a straight line, without regard to intervening structures or objects from the nearest property line of the premises where the sexually oriented business is conducted to the nearest property line of the premises of a religious institution, public or private elementary or secondary school, boys club, girls club, or similar existing youth organization, or public park or public building or business engaged in sale of liquor or the nearest boundary of an affected residential zone or residential lot or any zone other than an IP zone.
[Ord. 1161, 8-17-1994]
(A) 
It is unlawful for anyone to distribute, sell or offer for sale any device, instrument or paraphernalia designed or marketed primarily for sexual stimulation or for sadomasochistic use or abuse of themselves or others.
(B) 
Such devices, instruments or paraphernalia include but are not limited to; phallic shaped vibrators, dildos, muzzles, whips, chains, bather restraints, racks, non-medical enema kits, body piercing implements (excluding earrings or other decorative jewelry) or other tools of sadomasochistic abuse.
[Ord. 1161, 8-17-1994]
(A) 
Public nudity is prohibited at sexually oriented businesses, whether or not alcoholic beverages are sold, served or consumed on the premises. Any sexually oriented business found to have violated this section shall have its permit suspended or revoked pursuant to §§ 120.09 and 120.10.
(B) 
It is hereby further declared that California Penal Code § 314, relating to lewd public nudity specifically applies to sexually oriented businesses (regardless of whether or not a permit has been issued to said businesses under this chapter), including said businesses even if no alcoholic beverages are sold, served or consumed at the premises of said businesses, pursuant to Cal. Penal Code §§ 318.5 and 318.6. Prosecution for violations shall be maintained under the Penal Code by the appropriate enforcement officials.
[Ord. 1161, 8-17-1994]
(A) 
It shall be unlawful and a person commits a misdemeanor if he/she operates or causes to be operated a sexually oriented business in violation of any of the provisions of this chapter.
(B) 
It shall be unlawful and a person commits a misdemeanor if he/she operates or causes to be operated a sexually oriented business, regardless of whether or not a permit has been issued for said business under this chapter, and said person knows or should know that:
(1) 
The business does not have a sexually oriented business permit under this chapter for any applicable classification;
(2) 
The business has a permit which is under suspension;
(3) 
The business has a permit which has been revoked; or
(4) 
The business has a permit which has expired.
[Ord. 1161, 8-17-1994]
(A) 
It is a defense to prosecution for any violation of this chapter that a person appearing in a state of nudity did so in a modeling class operated:
(1) 
By a college, junior college, or university supported entirely or partly by taxation;
(2) 
By a private college or university which maintains and operates educational programs in which credits are transferable to a college, junior college, or university supported entirely or partly by taxation; or
(3) 
In a structure:
(a) 
Which has no sign visible from the exterior of the structure and no other advertising that indicates a nude person is available for viewing; and
(b) 
Where, in order to participate in a class a student must enroll at least three days in advance of the class; and
(c) 
Where no more than one nude model is on the premises at any one time.
(B) 
It is a defense to prosecution for a violation of this chapter that an employee of a sexually oriented business, regardless of whether or not it is permitted under this chapter, exposed any specified anatomical area during the employee's bona fide use of a restroom, or during the employees bona fide use of a dressing room which is accessible only to employees.
[Ord. 1161, 8-17-1994]
(A) 
If any person fails or refuses to obey or comply with or violates any of the criminal provisions of this chapter, such person upon conviction of such offense, shall be guilty of a misdemeanor and shall be punished by a fine not to exceed $500 or by imprisonment not to exceed 60 days in the County jail, or both, in the discretion of the Court. Each violation or noncompliance shall be considered a separate and distinct offense. Further, each day of continued violation or noncompliance shall be considered as a separate offense.
(B) 
Nothing herein contained shall prevent or restrict the city from taking such other lawful actions in any court of competent jurisdiction as is necessary to prevent or remedy any violation or noncompliance. Such other lawful actions shall include, but shall not be limited to, an equitable action for injunctive relief or an action at law for damages.
(C) 
All remedies and penalties provided for in this section shall be cumulative and independently available to the city and the city shall be authorized to pursue any and all remedies set forth in this section to the full extent allowed by law.
[Ord. 1161, 8-17-1994]
The city and its designee, the Chief of Police's office and all other departments and agencies, and all other city officers, agents and employees, charged with enforcement of state and local laws and codes shall be immune from prosecution, civil or criminal, for reasonable, good faith trespass upon a sexually oriented business while acting within the scope of authority conferred by this chapter.
[Ord. 1161, 8-17-1994]
(A) 
Any establishment operated in violation of the chapter is a public nuisance, abatable pursuant to § 120.14.
(B) 
In any action to abate any such public nuisance, the city shall be entitled to recover all enforcement costs, including staff costs and attorney fees.
[Ord. 1161, 8-17-1994]
(A) 
Applications. All present operators of any business which is a sexually oriented business as defined in this chapter shall file an application for a license hereunder within 30 days after its effective date, which license shall be processed without unnecessary delay by the city or its designee under the provisions, and subject to the time requirements of §§ 120.04 and 120.05. Any person desiring to commence operation of a sexually oriented business after August 17, 1994 shall file a proper application for the required license under the provisions of § 120.03.
(B) 
Required physical modifications to premises. All present operators of any business which is a sexually oriented business exhibiting sexually explicit films or videos in video booths as defined in this chapter shall be permitted a reasonable period of time to make modifications to the business premises if such modifications are made necessary by implementation of the provisions of this chapter before the provisions of § 120.13 shall be effective as to that business. The reasonable period of time shall normally be 30 days from August 17, 1994, to file the appropriate plans and designs, and up to 90 days thereafter for completion of the modifications. Should modifications be so extensive as to reasonably require a longer period of time, the city or its designee may grant a longer period of time for completion of such modifications, in consultation with the “City's Building Official.”
[Ord. 1161, 8-17-1994]
(A) 
Any sexually oriented businesses lawfully operating on August 17, 1994 that is in violation of §§ 120.03, 120.13, 120.14, 120.15, or 120.17 shall be deemed a non-conforming use. A non-conforming use will be permitted to continue for a period of one year, with a possible extension to be granted by the Planning Commission only upon a convincing showing of extreme financial hardship which is defined as the recovery of the initial financial investment in the nonconforming use, unless sooner terminated for any reason or voluntarily discontinued for a period of 30 days or more. Such nonconforming uses shall not be increased, enlarged or altered except that the use may be changed to a conforming use. If two or more sexually oriented businesses are within 500 feet of one another and otherwise in a permissible location, the sexually oriented business which was first established and continually operating at the particular location is the conforming use and the later established business(es) is/are nonconforming.
(B) 
A sexually oriented business lawfully operating as a conforming use is not rendered a nonconforming use by the location, subsequent to the grant or renewal of a sexually oriented business permit and/or license, within 500 feet; or a church, public or private elementary or secondary church, public or private elementary or secondary school, public park, public building, residential zone, or residential lot within 1,000 feet; or a business involving the on-premises sale of liquor or any zone other than IP zone within 250 feet of the sexually oriented business. This provision applies only to the renewal of a valid permit and/or license and does not apply when an application for a permit and/or license is submitted after a permit and/or license has expired or has been revoked.